On November 7'th the Board of Directors voted to form a Legislative Committee.
Mark Hicks (Director) was appointed the Chairman.
Mark has been active in working with police depatments and defense attorneys in preparing their cases to litigate for the rights of bicyclists and pedestrians injured in traffic accidents. In his preliminary Action plan he proposes:
Agenda for 2011
Draft – This is only a proposal and has not been approved by BWT – 11-11-2010
We want to increase safety for all users of the roadway in Tennessee including walkers, runners, bicyclists, motor-cyclists and motorists. Tell your elected officials that you demand safety for all forms of transportation in Tennessee! The majority of Tennesseans believe personal responsibility should be encouraged while at the same time dangerous driving behaviors should be discouraged. Automobiles are as dangerous as weapons when operated by careless and inattentive drivers. We should raise our expectations and realize the danger of low expectations. In the past 5 years, it is estimated that about 1,200 people were killed on the roads of Tennessee in accidents related to distracted driving and another 300 were killed by drowsy drivers. Most traffic fatalities in Tennessee are related to bad drivers choosing to engage in dangerous behaviors. Drunken driving is related to 32% of the fatalities, but distracted and drowsy driving is close behind at 25%, aggressive driving and speeding are also dangerous behaviors that cause or contribute to these fatalities. Falling asleep or becoming so distracted as to cause a serious accident is not an involuntary act. Just as some drivers choose to drink and drive; some drivers choose to drive when they have had insufficient sleep, they choose to continue to drive knowing they are drowsy, they choose to engage in activities that are so distracting they lead to serious accidents.
Drivers who engage in dangerous behavior and kill others are going unpunished in Tennessee. In recent years drivers have run over pedestrians on sidewalks and highly visible bicyclists run over with no charges being filed. Tennessee has made great strides in reducing drunk driving fatalities by enforcing stiff penalties. Careless, distracted and drowsy rivers who cause serious injuries and fatalities should also be subject to stiff penalties.
The District Attorneys (DA's) and Law Enforcement Agencies across the state need the tools to prosecute these offenses. Currently we require too much of DA's as they must often prove drivers committed willful and wanton acts if they want to prosecute anything more than a traffic ticket. Law enforcement officers and the DA's across the state need a clear directive from the Legislature and Governor to prosecute these offenses. Our lawmakers can neither define, nor would DA's be able to prove in court all of the activities that cause distracting or drowsy driving. However, drivers are already required to stay alert and focused “by devoting full time and attention to operating the motor vehicle“. We can use existing laws and stiffen the penalties when serious injuries or fatalities occur.
Proposed Amendments to “Failure to yield right of way - TCA 55-8-197”:
Tennessee law “Failure to yield right of way TCA 55-8-197” has a maximum jail time of 11 months 29 days for certain traffic offenses that cause a fatality and a maximum jail time of 6 months for traffic offenses that cause “serious bodily injury”. The list of traffic laws covered by 55-8-197 are basic traffic laws such as: stop at a stop sign, yield to other traffic when making a left hand turn, drive on the right-hand side of the road, pass on the left and when entering the road from a driveway yield to existing traffic on the road. The list of traffic laws covered by TCA 55-8-197 needs to be expanded to include the following 3 traffic laws:
(1) Drivers shall yield to pedestrians in crosswalks (TCA 55-8-134),
(2) Motorists shall pass bicyclists safely (TCA 55-8-175(c)), and
(3) Drivers shall exercise due care (TCA 55-8-136).
